Legal Opinion
In re the Estate of Reynolds
New York Surrogate's Court
Decided February 15, 1938PublishedCited by 4 opinions
1Opinion of the Court
Delehanty, S.
The application for examination before trial and for discovery and inspection is granted in all respects and as to both the party and the witness. The case is one of special circumstances which render it proper that the deposition of the witness be taken. As was said in McCullough v. Auditore (216 App. Div. 510, 512): “No argument is necessary to show that special circumstances exist in this case permitting the examination of the witness. In every respect, except being named in the record, the witness is an adverse party."
The relationship between the witness and the person…
2Cases cited5 opinions
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- Town of Hancock v. . First National BankNew York Court of Appeals · 1883
- Reif v. GebelAppellate Division of the Supreme Court of the State of New York · 1935
- McCullough v. AuditoreAppellate Division of the Supreme Court of the State of New York · 1926
- Colonial Trust Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by4 opinions
- In re the Probate of the Will of EggerNew York Surrogate's Court · 1947
- In re the Estate CollinsNew York Surrogate's Court · 1959
- Saper v. National Bank of Far RockawayAppellate Division of the Supreme Court of the State of New York · 1942
- In re the Probate of the Will of LachmanNew York Surrogate's Court · 1959